Law

Sega case suggests protection strategies

Article Abstract:

Plaintiffs in copyright infringement cases may need to use a different strategy after the 9th Circuit ruling in Sega Enterprises Ltd v Accolade Inc that computer software copying to 'reverse engineer' an interface design may come under the 'fair use' exception of Copyright Act Section 107. A copyright owner suing for software infringement should use the four-factor fair use test rather than the foreshortened test used by the Sega court. Strategies for rebutting the court's holding that the plaintiff was guilty of a trademark violation are also listed.

In Lotus, the 1st Circuit departed from precedent, narrowing protection for developed software and giving crafty litigators a blank disk on which to write

Article Abstract:

The 1st US Circuit Court of Appeals ruling in Lotus Development Corp v Borland International Inc could potentially establish a new standard narrowing copyright protection for most software. The court ruled that the menu interface in Lotus 1-2-3 is an uncopyrightable method of operation, overturning US District Judge Keeton's ruling in a bench trial. The decision cited little precedent and directly contradicts some prior rulings, and may prove merely an aberration. Congress has yet to offer specific guidelines.

Ferrari case shows collision of competing protection concepts

Article Abstract:

Ferrari SPA Esercizio Fabriche Automobili e Corse v Roberts, decided by the 6th Circuit in 1991, agreed with the lower court's use of trademark law to enjoin car customizing kits designed to make cheaper cars look like Ferraris. The court held that there was a strong possibility of confusion between the cars in question, and, in response to the defendant's contention that he informed purchasers fully at the point-of-sale, that the Lanham Act intended to protect consumers beyond that point.